Annapolis, MD asked in Wrongful Death for Maryland

Q: My husband was a freelance writer at the time of his death in a car accident. What is the best way to calculate lost

earnings for someone who didn't have an annual salary?

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4 Lawyer Answers
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: Past earnings can be examined, whether someone earned a paycheck or instead earned income through self-employment. Future earnings often involve projections based on past earnings, qualifications, industry averages, projected increases and the like. In the context of litigation this may well require an expert.

John Mesirow
PREMIUM
John Mesirow
Answered
  • Washington, DC
  • Licensed in Maryland

A: To maximize the recovery, you will need an economist, and almost certainly a vocational expert. Consult with a personal injury attorney for more information.

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: I am very sorry for your loss. Your lawyer should be able to answer this question. Typically you would take his earnings for a period of time prior to the accident to come up with his average earnings. You should be using a financial expert or accountant to analyze his past earnings and potential future earnings based on his demonstrated career trajectory. Total future earnings would then have to be calculated based on his life expectancy and then reduced to present value. There is a lot more to a wrongful death case than calculating future lifetime earnings. Please retain experienced counsel. Good luck to you.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Maryland

A: I'm sorry for your tragic loss. Forgive me for mentioning but in every death case with a vehicle involved, someone needs to look at the "crashworthiness" of the vehicle they were in. Presumably you have an attorney and you should meet with them. If you don't, I can give you the names of a "crashworthiness" attorney.

As to the wage loss, Generally they will look to show what he wrote, who published it, what the projections were. For this aspect it may well be that there are other vocational paths that you would want to demonstrate as free lance work in the internet age is often hit and miss. In other words, might he have gotten a job from the government? If he had a really well established track record you'd graph out his earnings and project them. If younger and less established that's not that easy.

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